Sentencing Guidelines - Custody Probation Orders​

Search judicial decisions and choose filters to show only the results you want

4 judgments

16 January 2009

Attorney General's Reference (Number 1 of 2009) Gareth McCaughan

How sentencers should approach the issue of custody probation.

[2009] NICA 2
Kerr LCJ
14 January 2000

R v John Paul Patrick Francis McDonnell

Robbery - threat to kill - custody probation order - whether custodial sentence reduced sufficiently to take proper account of period of probation - whether requirement for exact equivalence between reduction and length of probation period - guidelines on intention of legislature - balance between custody and probation elements.

[2000] 2453
Carswell LCJ
26 March 1999

R v Daniel Lunney

Attempted robbery, burglary and assault - length of appropriate custodial sentence on a plea of guilty - custody probation order - circumstances in which appropriate for sentencer to take account of effect of offender's supervision by probation officer on release - protection of public from harm or prevention of commission of further offences.

R v Lunney 260399
Girvan LJ
19 June 1998

Attorney General's Reference (No 1 of 1998) (McElwee)

Unduly lenient sentence - dangerous driving causing grievous bodily harm; driving without insurance; driving whilst disqualified; and drink driving - previous bad record of driving offences - whether right to make a custody probation order - guidance of use of this sentencing power.

[1998] NIJB 64
Carswell LCJ